Haryana

Ambala

CC/102/2019

Smt Usha Rani - Complainant(s)

Versus

H.D.F.C. Bank Ltd - Opp.Party(s)

Shailender Sharma

16 Jan 2020

ORDER

 

 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint Case No.:  102 of 2019.

                                                          Date of Institution           :     01.04.2019.

                                                          Date of decision    :     16.01.2020.

 

1. Smt. Usha Rani W/o Late Shri Anil Kumar,
2. Mehak minor d/o Late Shri Anil Kumar,
3. Gaurav minor s/o Late Shri Anil Kumar

Minors through Smt. Usha Rani (Petitioner No.1) being mother and natural guardian,

All resident of V.P.O. Kesri, Sub Tehsil Saha, Distt. Ambala.

 

                                                                               .......Complainants                                        Versus

1. H.D.F.C Bank Ltd., Barara Branch, Distt. Ambala, through its Manager.
2. H.D.F.C Bank House, Senapati Bapat Marg, Lower Parel, West-Mumbai-400013, through its M.D.(Head).                                                                                                          ….Opposite Parties.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Shailender Sharma, Advocate, counsel for complainant.

Shri Puneet Sirpaul, Advocate, counsel for the OPs.

         

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’), praying for issuance of following direction to them:

1. To pay Rs.10 Lakhs or whichever amount is eligible as per the terms and conditions of the policy.
2. To pay Rs.50,000/- as compensation for physical harassment and mental agony suffered by him.
3. To pay Rs.11,000/- as litigation expenses.
382.  

Any other relief which this Hon’ble Forum may deem fit.

 

Brief facts of the case are that complainants No.2 and 3 are minor children of Late Shri Anil Kumar and being sued through their mother and natural guardian i.e., complainant No.1, who has got no adverse interest to that of minors. Late Shri Anil Kumar son of Shri Shish Pal was having his bank account bearing No.21741050002092 with the OP No.1. It issued ATM-cum-DEBIT CARD/VISA CARD bearing No.4854460113325752 to him. Said Anil Kumar, the husband of complainant No.1 and father of complainants No.2 and 3 died on 14.03.2018 in a road accident, leaving behind the complainants as his legal heirs. An FIR No.40 dated 14.03.2018 u/s 379,304-A IPC was lodged in P.S. Saha. Post-mortem was conducted in PGI, Chandigarh.  At the time of issuance of the above said ATM-cum- DEBIT CARD/VISA CARD, the OP assured Shri Anil Kumar(now deceased) that he was covered under the accidental death benefits upto Rs.10 lakhs and in case the Visa Card Holder die,  his legal heirs shall be entitled to receive the insurance benefits. The bank account of above said Anil Kumar was in running condition till his death. The complainant No.1, also informed the OPs regarding death of her husband. After his death the complainant No.1 visited the office of OPs and requested them to release the eligible amount of insurance scheme on ATM-cum-DEBIT CARD/VISA CARD in favour of the legal heirs of deceased Anil Kumar. The OPs had been assured the complainants that they would pay the due amount. When nothing was paid by them then complainant No.1 also wrote letters dated 29.06.2018, 09.07.2018 and letter-cum-reminder dated 26.07.2018 to the OPs for release of the insured amount in favour of complainants, but nothing was done by them, which amounts to deficiency in service and unfair trade practice. Hence, the present complaint.

2.                Upon notice, the OPs appeared through counsel and filed written version raising preliminary objections regarding maintainability and not coming before this Forum with clean hands. On merits, it is stated that the complainants were informed regarding that the Card was not covered under the insurance policy. As a matter of fact when there is no insurance policy in the name of Anil Kumar then question of giving insurance claim does not arise at all. Rest of the allegations levelled by the complainants were denied for lack of knowledge and prayer has been made for dismissal of the complaint alongwith costs.  

3.                The learned counsel for the complainant alongwith complainant tendered her affidavit as Annexure CA alongwith documents as Annexure C-1 to C-15 and closed the evidence on behalf of complainant. On the other hand, learned counsel for the OPs tendered affidavits of Shri Sourabh Kumar, HDFC Bank Barara Branch, Distt. Ambala as Annexure OP-A alongwith document Annexure OP-1 and closed the evidence on behalf of OPs.

4.                We have heard the learned counsel for the parties and have carefully gone through the case file.

5.                The learned counsel for the complainants has argued that late Shri Anil Kumar during his life time was having an account with the OPs. The OPs issued an ATM-cum-DEBIT/VISA CARD bearing No.4854460113325752, Annexure C-7 to him. In the Annexure C-14, it is mentioned that all the HDFC ATM-cum-DEBIT/VISA CARD holders, are entitled to insurance benefit of Rs.5,00,000/-. Late Shri Anil Kumar died due to accident and the OPs are thus liable to pay the death claim benefit to the complainants being his legal heirs. By not paying the accidental death claim benefits, the OPs have committed deficiency in service. The Ld. counsel for the complainants has placed reliance upon case law titled as Punjab National Bank and another Versus Vandana Sharma, First Appeal No.83 of 2013, Decided on 08.04.2013, passed by State Consumer Disputes Redressal Commission, U.T., Chandigarh, wherein, it was held that from the literature placed on record by the respondent/complainant it is established that husband of the complainant was duly covered under the accidental death insurance benefit and the respondent/complainant was entitled to its benefit as her husband was holding a Classic Debit Card.

                   On the contrary, the learned counsel for the OPs has argued that late Shri Anil Kumar was having a regular card and he was not entitled to get any accidental death insurance benefit. The complaint filed by the complainant is devoid of merits and same may be dismissed with costs.

6.                Admittedly, late Shri Anil Kumar, the husband of the complainant No.1 and father of complainants No.2 and 3, during his life time was having an account with the OP No.1. The OPs issued a VISA Card to him, as is evident from Annexure C-7. In the literature, Annexure C-14, it is mentioned that in case of accidental death of VISA card holder, his/her legal heirs are entitled to get compensation to the tune of Rs.2,00,000/-. This document has not been controverted by the OPs. From the FIR dated 14.03.2018, Annexure C-1, it is evident that late Shri Anil Kumar died in a road accident. Since, the husband of the complainant No.1 and father of complainants No.2 and 3 (now deceased) was having a VISA Card and he died in a road accident, therefore, complainants being his legal heirs are entitled to get the accidental death claim benefit of Rs.2,00,000/-. By not paying the said amount to the complainants, the OPs have committed deficiency in service. Therefore, they are not only liable to pay Rs.2,00,000/-, towards the accidental death insurance benefit to the complainants but are also liable to pay compensation for the mental agony and physical harassment caused to them alongwith litigation expenses.

7.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-

1. To pay Rs.2,00,000/-, towards the accidental death insurance   benefit to the complainants.
2. To pay Rs.5,000/- as compensation for mental agony and        physical harassment suffered by the complainants.
3. To pay Rs.3,000/- as litigation expenses.

 

                   The OPs are further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order, failing which they shall pay interest on the aforesaid awarded amount mentioned at serial No. (i) and (ii) at the rate of 9% per annum from the date of filing of the present complaint i.e. 01.04.2019, till its realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 16.01.2020.

 

          (Vinod Kumar Sharma)            (Ruby Sharma)     (Neena Sandhu)

              Member                                  Member             President